Police Check/Probity Policy

Background

"Smart Healthcare solution" is where healthcare professionals (HCPs) can accept shift requested by facilities to offer them professional services. We are committed to taking steps to protect vulnerable people to ensure that they are not placed at unreasonable risk by engaging Smart Healthcare Solutions. This policy sets out what we need, where to get it and what we will do with the information for the protection of our HCPs and customers.

Scope

This policy applies to all HCPs providing or offering to provide services to customers via the “Smart Healthcare solution” platform, support worker applicants and all Smart Healthcare Solutions employees who interact with vulnerable people.

What we need

As a result of our commitment to safeguard users of the “Smart Healthcare solution” platform, we require all HCPs using the platform to:

  • Provide a valid police check prior to their profile being made available on the Smart Healthcare Solutions website.
    • Update their police check every 3 years.
    • Notify us immediately if they are charged with, or are convicted of, any criminal offence by emailing info@ishapps.com.

Police Checks

All police check records provided must be from an Australian Criminal Intelligence Commission (ACIC) accredited organisation that is approved to access the National Police Checking Service or from State or Federal Police. Here are links to the various police services websites:

National Australian Federal Police

Link: Click here

ACT (processed by the AFP)

Link: Click here

New South Wales Police

Link: Click here

Northern Territory Police

Link: Click here

Queensland Police

Link: Click here

South Australia Police

Link: Click here

Tasmania Police

Link: Click here

Victoria Police

Link: Click here

Western Australia Police Force

Link: Click here

Working with Children Check (WWCC)

Working with Children Checks are State based and required for HCPs offering services to children.

State body responsible for issuing WWCC:

A WWCC cannot be accepted as an alternative to a Police Check.

Smart Healthcare Solutions ’s responsibilities:

  • Applying this policy, procedures and associated guidelines.
  • The management and administration of probity checks in accordance with this policy.
  • Verification and outcome of probity checks will be managed in accordance with Smart Healthcare Solutions internal procedures
  • A copy of the probity records supplied by a support worker will be stored on their profile.

HCPs Responsibilities:

  • All new or existing HCPs are to supply a valid Police Check prior to offering services via “Smart Healthcare solution”. The certificate provided must not be less than three years old, from the date of issue recorded on the Police Check Certificate.
  • All HCPs are to supply a valid WWCC as required under relevant State legislation.

What we will do with the information

In reviewing a Police Check, we will comply with:

  • All applicable legislation of the Commonwealth, or any state and territory or local authority, legislation which prevents discrimination based on criminal records
  • The Commonwealth Spent Convictions Scheme
  • Smart Healthcare Solutions will only use the information in a police check to screen and vet HCPs who are offering or want to offer their services via the “Smart Healthcare solution” platform or employees of Smart Healthcare Solutions who have access to vulnerable people.
  • We may engage the services of a third-party service provider to assist us with our enquiries (including verifications of police checks).

The following items will need to be assessed as “disclosable outcomes”:

  • Record of court convictions
  • Findings of guilt
  • Spent convictions

Any disclosable outcomes will be assessed in accordance with Privacy laws, any Approved Provider’s Privacy Policy and take into consideration the Human Rights and Equal Opportunity Commission Act 1986 (Cth), Commonwealth Spent Convictions Scheme and the Crimes Act 1914 (Cth).

We may provide a copy of your Police Check and/or WWCC to any customers or Approved Providers who engages you, or are connected to your engagement, on Smart Healthcare Solutions at their request.

Confidentiality and discrimination

Smart Healthcare Solutions will not discriminate on the grounds of a criminal record when making a decision. It is not an act of discrimination to find a support worker unsuitable if a criminal record means that person is unsuitable to perform the inherent or essential requirements of providing home care services to vulnerable people.

We will maintain complete confidentiality and protect HCPs identities at all times and ensure the information about any criminal record is used solely for the purposes in which it is intended.

How we assess the information

Having a disclosable outcome does not automatically exclude you from offering services on the “Smart Healthcare solution” platform or becoming a Smart Healthcare Solutions employee. When assessing the relevance of your police history information, we will consider:

  • The relevance of the police history information to the inherent requirements of the work you will be required to do
  • The seriousness of the conviction or offence
  • The severity of any penalty imposed
  • Whether the offence has been decriminalized or removed from the statutes
  • Whether in relation to the offence there was a finding of guilt but without conviction, which may generally indicate a less serious view of the offence by the courts
  • The age of the applicant when the offence occurred
  • The period of time that has elapsed since the offence took place
  • Whether the applicant had a pattern of offences
  • The circumstances in which the offence took place
  • Whether the applicant’s circumstances have changed since the offence was committed, for example, previous drug use
  • The attitude of the applicant to their previous offending behavior
  • Things on your police history which would exclude you from being a support worker

HCPs will however be excluded from providing services via the “Smart Healthcare solution” platform if their disclosable court outcomes include a finding of guilt or conviction for any of the following offences:

  • Murder or sexual assault
  • Any offence involving harm or exploitation of vulnerable people include violence against animals
  • Any other form of assault
  • Any serious alcohol or drug related offences that indicate a pattern of dependence
  • Drug trafficking
  • Any offence involving serious dishonesty, or multiple offences involving dishonesty
  • Terrorism
  • We may also exclude any support worker who has been found guilty or convicted of more than one offence, after consideration of the nature of the offence and other information.

HCPs who have been found guilty of a serious traffic offence, including high range driving under the influence of alcohol, may be excluded after consideration of the nature of the offence and other information, including the period of time that has elapsed since the offence took place.

Definitions

‘Australian Criminal Intelligence Commission Agency’

An Australian government executive agency, established by agreement between the Commonwealth, states and territories in July 2000.

’Disclosable outcome’

Record of court convictions and findings of guilt, to which provisions of relevant spent convictions / non-disclosable legislation and / or information release policies have been applied.

‘Spent convictions’

Refers to both the Commonwealth Spent Convictions Scheme and various state and territories spent conviction legislation.

The spent conviction legislation is in place to prevent discrimination on the basis of certain previous convictions. The legislation limits the use and disclosure of older, less serious convictions and finding of guilt. Each state and territory of Australia have their own spent conviction legislation and will apply the relevant spent conviction legislation/ release policy prior to disclosure.

For more information

Please see:

Smart Healthcare Solutions Privacy Policy

Smart Healthcare Solutions Terms of Use

Feedback

These policies will be updated throughout the year as required.

Your thoughts, comments and suggestions are welcome. Please direct any feedback to info@ishapps.com

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